The Accra High Court has rejected a plea to compel President Akufo-Addo to receive the anti-LGBTQ+ bill.
This comes after a lawsuit was filed by National Democratic Congress (NDC) Member of Parliament Rockson-Nelson Dafeamekpor on March 25.
In his suit, the MP sought several declarations and orders regarding the President’s powers under the 1992 Constitution of Ghana.
Mr. Dafeamekpor asked for a declaration that, according to Article 106(1) and (7) of the Constitution, a President can only assent to or refuse to assent to a bill within seven days, unless the bill has been referred to the Council of State.
He also sought a declaration that the President cannot prevent Parliament from transmitting a bill that has been passed to him.
Additionally, the MP wanted a declaration that a letter dated March 18, 2024, addressed to the Clerk of Parliament and signed by the Secretary to the President, Nana Bediatuo Asante, is in contravention of the Constitution, and therefore, the President must withdraw the letter.
However, the Attorney-General, represented by Chief State Attorney Sylvia Adeso, argued that the High Court had no jurisdiction to grant the application filed by Rockson-Nelson Dafeamekpor.
Justice Ellen Mireku, in her ruling, indicated that the Court has jurisdiction but dismissed the application using her discretionary powers. She noted that two suits filed by private citizens Prof Amanda Odoi and Richard Dela Sky had direct implications on the mandamus application and hence could not approve the reliefs being sought by the South Dayi Member of Parliament.
Regarding the Anti-LGBTQ Bill, Parliament passed the Proper Human Sexual Rights and Ghanaian Family Values Bill on Wednesday, February 28.
The bill punishes those who take part in LGBTQ sexual acts, as well as those who promote the rights of gay, lesbian, or other non-conventional sexual or gender identities with time in prison.
Despite public support for the bill, concerns have been raised, including by the Commission on Human Rights and Administrative Justice (CHRAJ), regarding discrimination and the potential infringement of constitutional freedoms. Member of Parliament for Ningo-Prampram, Sam George, has defended the bill, stating that it does not violate the laws in the 1992 constitution.
The Finance Ministry has advised President Akufo-Addo against signing the bill, citing potential financial challenges, including the loss of funding from the World Bank.
However, President Akufo-Addo has reassured the international community of Ghana’s commitment to upholding human rights and the rule of law, noting that the bill is facing a legal challenge at the Supreme Court, and no action will be taken until a decision is made.